MADURAI: Taking into account that special courts for corruption cases have been constituted in only eight districts in Tamil Nadu, despite having a state-wide pendency of nearly 2,423 corruption cases, the Madurai Bench of Madras High Court has told the state government to examine whether such special courts could be established in the remaining districts also.
Justice B Pugalendhi made the suggestion recently while hearing a petition filed by A Shahul Hameed of Tirunelveli, seeking to expedite the trial in a corruption case pending against him before the Principal District Judge, Thoothukudi since 2023.
The judge referred to Section 4(4) of the Prevention of Corruption Act, 1988, which mandates that Special Judges should, as far as practicable, hold trials on a day-to-day basis and try to conclude trial within two years from the date of filing of chargesheet. It also says that in case of any extension, reasons should be recorded by the trial judge and even then, the trial should not take more than four years, he added.
However, exclusive special courts for trial of offences under PC Act have been constituted only in eight districts and the cases in the remaining districts are dealt with by the jurisdictional principal district judges, the judge noted.
The statutory mandate under Section 4(4) cannot be achieved merely by issuing directions to the trial court to dispose of cases within two years, without ensuring that the trial courts have sufficient time and resources to comply with the mandate, he observed. The responsibility to ensure this does not rest with the judiciary alone. The state government also has a corresponding responsibility to provide the necessary infrastructure, staff and prosecuting personnel, he added.
Stating that the administrative proposal pending before the high court for designating additional sessions courts as special courts under the Act is a welcome step, the judge directed the Registrar General to look into the same.
Further directions were given to the director of DVAC to ensure adequate prosecuting personnel are made available to the special courts.